As your children grow and thrive, circumstances change. They cost more for sure. They may have medical needs they did not have when they were younger. They may be ready to get braces. Little Jimmy may need special tutoring. Little Sally may be gifted on the piano and may need specialized training to realize her full potential. In other words, you cannot think of everything when you do your first order, be that a divorce decree, an order establishing the parent-child relationship or any other suit affecting the parent-child relationship, (including grandparent cases).
When Circumstances Change
When circumstances change, come and see me about doing a modification of your order. Changes can also include changes regarding the parents. Your ex-spouse may have gotten a significantly better job and a child support increase may be in order. Alternatively, you may have lost your job and a decrease of child support may be in order. You may have a job transfer and need me to get long distance travel provisions set up for you. You may have become disabled and need provisions for SSI child support. Perhaps you were incarcerated and need some help with your child support for the time you were away. Could be anything, almost. Come and see me and let’s talk about it.
In Texas, the change in circumstances must be significant. What’s significant? That is decided on a case by case basis and that is the reason you need to come in and visit with me about it.
In Texas, any modification must be in the best interest of the child. This is also decided on a case by case basis.
Suing to Change Primary Custody
If you are suing to change primary custody of the child, the standard of law you must prove depends upon if you are suing within a year of the date of the last order. If you are filing within a year, it has got to be an emergency, (in layman’s terms). When filing one year and one day after the order was signed, the standard is change of circumstances and best interest.
The law to modify custody, possession and child support each have different standards of proof required to proceed. I can go through those in detail with you when we meet.
Contact Post Divorce Modifications Lawyer Rita Boyd
When you come in, please be mindful of what Court your case is in and bring all of your prior paperwork with you. It makes a difference as to who we have to serve and where I have to e-file it. I look forward to helping you. Whatever the particular aspects of your case are, it is my hope that you will call me. Call me right now at 972-380-8000, and make an appointment to come in and discuss your case. Together we can! You can also email me.